When you break up with or divorce your child’s other parent, your primary concern might be what will happen to your child. You might worry about losing time with your kids or how your ex will parent them when they have custody. Questions about custody and visitation schedules, parental rights, and who gets to make important decisions can quickly become overwhelming and stressful.
In Colorado, child custody laws are designed to prioritize the best interests of the child while encouraging healthy relationships with both parents whenever possible. Navigating custody disputes can still be complex, particularly when parents disagree about custody arrangements or when there are disputes over communication, safety, relocation, and more. Our Denver child custody lawyers will advocate for you while protecting the best interests of your children.
At Solutions Based Family Law, families throughout the Denver metro area receive legal advice and representation based on practical solutions and protecting parent-child relationships. We take a strategic approach to family law, helping our clients understand their rights so that they can make an informed decision about how to proceed. Contact our law offices today to schedule a confidential consultation with a member of our legal team.
The Allocation of Parental Responsibilities in Colorado
In Colorado, child custody is referred to as the allocation of parental responsibilities. This includes two components:
- Parenting Time: Formerly known as physical custody, parenting time refers to the schedule that determines when the child spends time with each parent. Parenting plans can vary significantly depending on the child’s age, the parents’ schedules, and the family’s circumstances. Some common parenting time arrangements may include:
- Equal parenting time
- Primary residential parenting for one parent with visitation for the other parent
- Week-on/week-off schedules
- Alternating weekends
- Holiday and summer schedules
Colorado courts generally encourage frequent and continuing contact between children and both parents whenever it is in the child’s best interests.
- Decision-Making Responsibility: Previously known as legal custody, decision-making responsibility refers to a parent’s authority to make major decisions involving the child’s:
- Education
- Medical care
- Religious upbringing
- Extracurricular activities
Courts may award joint decision-making authority to both parents or sole decision-making authority to one parent, depending on the circumstances. Generally, joint decision-making authority is preferred when possible.
How Colorado Courts Determine Child Custody
Colorado courts use the “best interests of the child” standard when deciding child custody. This means that judges focus on what arrangement will best support the child’s emotional, physical, and developmental well-being. The goal is what is best for the child, not what either parent personally prefers.
Under Colorado law, courts may consider many factors when determining the allocation of parental responsibilities (APR). This may include:
- The parents’ wishes;
- The child’s preference (if they are old enough to express a “reasoned and independent” opinion);
- The child’s interaction and interrelationship with parents, siblings, and anyone else who may significantly affect the child’s best interests;
- The child’s adjustment to home, school, and community;
- The mental and physical health of all individuals involved;
Each parent’s ability to encourage the child’s relationship with the other parent
- whether the parents’ past pattern of involvement with the child reflects their time commitment, mutual support, and a value system;
- How close the parents live to each other, and the effect on parenting time;
- Both parents’ ability to place the child’s needs ahead of their own; and
- Any information provided to the court about domestic violence in the family.
Colorado courts do not automatically favor mothers or fathers in APR decisions. In fact, Colorado law states that courts should “strive not to consider” any recommendations based on bias. This means that neither parent will be awarded custody because of their gender.
Parenting Plans in Colorado
Parents involved in a custody case are typically required to submit a parenting plan. This document outlines how parents will share responsibilities and care for their children after separation or divorce.
A comprehensive parenting plan may address:
- Weekly parenting schedules
- Holidays and vacations
- Transportation arrangements
- Communications between parents
- Communication with the child
- School decisions
- Healthcare decisions
- Extracurricular activities
- Procedures for resolving future disagreements
A well-drafted parenting plan can reduce conflict and create stability for children. For example, parents can include a provision for how they will handle childcare when one parent isn’t available during custody time. This might include giving the other parent the right of first refusal (i.e., they will be asked if they can watch the child before someone else is asked).
Our Denver family lawyers work with parents to create practical parenting plans tailored to their family’s specific needs and goals. As experienced child custody attorneys, we can offer insight into options that work for many of our clients. We will also take your unique circumstances into account so that your parenting plan is truly customized for your family’s needs.
Can a Child Decide Where to Live?
In Colorado, a child’s preference may be considered when a judge makes parenting time decisions. However, it is not the sole determining factor. In other words, just because your child states that they would rather live with you, that does not necessarily mean that the court will award you primary custody.
Judges may give more weight to the opinions of older or more mature children, especially teenagers. They will also consider the child’s wishes along with other factors, such as the child’s community, home, and school environment. For example, if a 12-year-old wants to live with one parent because it will allow them to stay in the same school district, then a court may weigh that more heavily than a situation where the same child wants to live with the parent because they have fewer rules.
A child’s wishes are important in APR determinations. However, courts will still evaluate whether the child’s preferred arrangement aligns with their best interests. The court’s primary responsibility is protecting the child’s well-being instead of simply following the child’s wishes.
What Happens If a Parent Violates a Custody Order?
Unfortunately, some parents fail to follow parenting plans or custody orders. Common violations include:
- Denying parenting time
- Repeatedly arriving late
- Interfering with communication
- Refusing to return the child
- Making major decisions without consulting the other parent
When violations occur, the affected parent may seek court enforcement. A court can respond by modifying parenting orders, awarding makeup parenting time, ordering mediation, imposing sanctions, or holding a parent in contempt of court. Keeping detailed records of violations can help support enforcement actions.
Keep in mind that if you do not have a formal parenting plan, you cannot go to court to enforce it. Even if you and your co-parent get along well and have been able to cooperate with an informal plan, it’s always a good idea to have that plan approved by the court. If things change, it will give you the ability to have your order enforced by the court.
It’s also important to understand that if your circumstances change, it is better to seek a modification to your custody order instead of violating it. You can request a modification if there has been a substantial change in circumstances, such as relocation, changes in job schedules, or a significant change in the child’s needs. The modification must also be in the best interests of the child.
If you need assistance with enforcing or modifying a child custody order in Colorado, our law firm can help. Our Denver child custody lawyers can offer you advice on the likely outcome of legal action and help you decide how to move forward with your case.
Contact a Denver Child Custody Attorney
All child custody decisions in Colorado come down to what is best for the child. A court will consider a variety of factors to decide exactly what those best interests are before deciding how to allocate parental responsibilities. Our law firm can help you understand your rights and options when it comes to resolving your child custody case.
Solutions Based Family Law represents individuals and families in Colorado family law matters, including divorce, legal separation, child custody, and child support. We offer thoughtful, practical advice that is designed to help you reach your goals through negotiation, collaboration, or mediation whenever possible. To learn more or to schedule a consultation with a Denver family law attorney, give us a call at (866) 522-7959 or fill out our online contact form.